Jacksonville prepares for state law banning sleeping on public property

By Michele Leivas

The Jacksonville City Council passed a pair of bills Sept. 24 to ensure the city is prepared for a new state law prohibiting sleeping on public property that went into effect Oct. 1.

Bill #0687 codifies the state law at the local level, prohibiting public camping, urination and defecation. It passed on a 16-1 vote, with District 14 City Councilmember Dr. Rahman Johnson opposing.

Johnson later said he still believes the new state law is an unfunded mandate from the state. Noting that some of the opponents to the recently defeated anti-hate crimes Bill #334 argued that legislation already existed to address the issue, Johnson said this was a similar situation.

“They said the reason that Johnnie Mae’s Law was not passed is because there was a redundancy of law,” Johnson said. “I believe the same thing with this; this was already on the books.”

Bill #0713 provides the Jacksonville Fire and Rescue Department with an additional $2.5 million in funding to implement and oversee a countywide Homelessness Strategic Plan. A portion of those funds will pay for seven additional positions with JFRD. That bill passed unanimously.

In March, Florida Gov. Ron DeSantis signed Florida HB 1365, which prohibits homeless individuals from camping in public spaces such as streets, sidewalks and parks, and requires that local government relocate individuals to temporary shelters. The law allows Department of Children and Families to designate “temporary campsites.”

Following a Sept. 16 Rules Committee meeting, District 5 City Councilmember Joe Carlucci said he felt good about the city’s preparations for the new law, including JFRD’s aid in responding to such calls, which he said will alleviate any added burden on the Jacksonville Sheriff’s Office.

“JFRD stepped up and is taking a lead on it and they’re stepping up with additional staff,” Carlucci said. “And they’re going to have trucks to go out and respond to any of the calls that we get for public camping.”

Beginning Jan. 1, 2025, the state law also allows for county residents, business owners or the attorney general to file lawsuits alleging a failure to comply. This gives the city a 90-day window to make any necessary adjustments to ensure it is complying fully with the new law.

“After that 90-day period, we’ll have a lot of good data and insight on what additional support they need, if any,” Carlucci said.

Carlucci said there have been no worthwhile discussions about designating city property for temporary encampment.

“It’s not pragmatic to do that,” Carlucci said. “I think that would create way more problems than anything else.”

In July, Mayor Donna Deegan rolled out the city’s five-year, $14 million plan to mitigate homelessness and prepare it for the enforcement of HB 1365. The mayor’s Homelessness Work Group is comprised of both city and civic leaders. Its goal is for the city to achieve functional zero, whereby the number of people who enter homeless is the same as those who find permanent housing in the same year.